CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Authority of the Netherlands has issued AD NL-2006-002 affecting Fokker F100 aircraft. The Netherlands is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F100/74, which will become effective on 16 March 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for civil aviation safety in Australia. One of the critical mechanisms under this Act is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the ongoing safety and airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, with regulation 39.001 specifically authorising CASA to issue ADs for particular types of aircraft or aeronautical products. This legislative instrument, subject to disallowance and oversight, ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design to maintain continuing airworthiness. The issuance of ADs, such as the Australian AD/F100/74 in response to the Netherlands' AD NL-2006-002, underscores the collaborative approach to international aviation safety while maintaining stringent local standards.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2006 applies to any person or entity that operates an aircraft of the Fokker F100 type registered in Australia, as well as to the relevant aircraft manufacturer and maintenance providers. The scope of the Act pertains to ensuring the continuing airworthiness of aircraft through the issuance of airworthiness directives in accordance with international obligations under the Convention on International Civil Aviation. The geographic reach of this determination is national, applying across Australia as a whole. There are no stated exclusions, exemptions, or thresholds in this specific determination, but it is noted that no consultation of the Australian public has taken place, as the issuance of this airworthiness directive is a direct response to an airworthiness directive issued by the Netherlands, the State of Design. The application of this determination can be extended or restricted through subordinate instruments as necessary, in line with the overarching Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to make regulations that align with the Act and ensure the safety of air navigation. One key regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus qualifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These directives are critical in maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 of the Convention on International Civil Aviation, where the State of Design bears the responsibility for the aircraft type's airworthiness, including the provision of necessary information to the States of Registry.
Under the Civil Aviation Safety Regulations 1998, the State of Registry of an aircraft has a crucial role in ensuring the aircraft's continuing airworthiness. This responsibility includes developing or adopting requirements to maintain airworthiness standards. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, is mandated to evaluate this information. If deemed necessary, CASA must then issue an Australian AD to enforce the State of Design's requirements on aircraft registered in Australia. This process ensures that all aircraft operating within Australia meet international safety standards.
The Netherlands, as the State of Design for Fokker F100 aircraft, has issued AD NL-2006-002. CASA has reviewed this directive and, finding it applicable, has issued Australian AD/F100/74, which will take effect on 16 March 2006. This AD is issued pursuant to Australia’s obligations under the Convention on International Civil Aviation and in response to the AD issued by the Netherlands. Consequently, no public consultation was conducted, as required for such international obligations. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was created by the Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office, in line with subsection 84A(2) of the Act.
In terms of compliance, breaches of ADs can lead to significant consequences. Non-compliance with an AD can result in civil or criminal penalties, depending on the severity of the breach. Under the Civil Aviation Act 1988, the maximum penalties for non-compliance with ADs can include substantial fines and, in severe cases, imprisonment. These measures are in place to ensure adherence to safety standards and to maintain the high levels of safety that are critical for the aviation industry.